Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941093399.pdf (Zambia)
THE PROTECTION OF TRADITIONAL KNOWLEDGE, GENETIC RESOURCES AND EXPRESSIONS OF FOLKLORE BILL, 2016 The object of this Bill is to- MEMORANDUM (a) provide for a transparent legal framework for the protection of, access to, and use of, traditional knowledge, genetic resources and expressions of folklore, which also guarantees equitable sharing of benefits and effective participation of holders; (b) recognise the spiritual, cultural, social, political and economic value of traditional knowledge, genetic resources and expressions of folklore of holders; (e) promote the preservation, wider application and development of traditional knowledge, genetic resources and expressions of folklore; (d) recognise, protect and support rights of traditional individuals and groups over their traditional knowledge, the inalienable communities, genetic resources and expressions of folklore; (e) confer rights on traditional and groups and promote the conservation and sustainable utilisation of the country's biodiversity resources; communities, individuals (f) promote fair and equitable distribution of the benefits derived from the exploitation of traditional knowledge, genetic resources and expressions offolklore; (g) promote the use of traditional expressions offolklore country and mankind in general; resources for the benefit of traditional communities, knowledge, genetic and the (h) ensure that exploitation of traditional knowledge, genetic resources and expressions offolklore takes place with the prior informed consent of individual or group; a traditional community, (i) prevent the granting of patents based on traditional knowledge, genetic informed of folklore without the prior resources consent of a traditional community, and expressions individual or group; (j) give effect to the African Regional Protocol on the Protection Intellectual Property Organisation (ARlPO) Swakopmund of Traditional the World Trade Knowledge Organisation Trade Related Intellectual Property Rights Agreement (TRIPS), 1994 and any other relevant international treaty or convention to which Zambia is a State Party; and and Expressions of Folklore, 2010, (k) provide for matters incidental to or connected with the foregoing.
L. KALALUKA, Attorney-General N.A.B.

8, 2016 13th April , 2016 " ) Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of 2016 3 THE PROTECTION OF TRADITIONAL KNOWLEDGE, GENETIC RESOURCES AND EXPRESSIONS OF FOLKLORE BILL, 2016 ARRANGEMENTOFSECTIONS PART I PRELIMINARYPROVISIONS Section 1.

2.

Short title Interpretation 3.

Extent of application and exemption 4.

Extent of protections, benefits and principles PART 11 ADIMINISTRATION 5.

6.
6.

Patents Office and Registrar Functions of Registrar 7.

Appointment of officers 8.

Non-warranty and non-liability 9.

Delegation of powers and duties of the Agency 10.

Use of Agency seal 11.

Register of Traditional Knowledge, Genetic Resources and Expressions of Folklore 12.

Inspection of Register and furnishing of information 13.

Industrial Property Journal PART III TRADITIONALKNOWLEDGE 14.

Eligibility for protection of traditional knowledge 15.
Formalities and measures for protecting traditional knowledge 16.

Beneficiaries of traditional knowledge 17.

Rights of holder 18.

Exercise of rights 19.

Assignment and licensing 20.

Extent of benefit-sharing N.A.B.

8, 2016 \ c • • 4 I No.

of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore 21.

Acknowledgement of holder 22.

Exceptions and limitations applicable to protection of traditional knowledge 23.

Compulsory licence 24.


Duration of protection of traditional knowledge 25.

Access to traditional knowledge associated with genetic resources PART IV GENETIC RESOURCES 26.

Ownership of genetic resources 27.

Rights of traditional community 28.

Assignments, licenses, authorisation and access of resources 29.

Right to regulate access to genetic resources 30.

Right to use 31.

Protection of community rights 32.

Conditions to access and export of genetic resources 33.
Application and grant of access permit 34.

Grounds for denial of access to genetic resources 35.

Special access permit and multilateral treaties 36.

Obligations of access permit holder 37.

Exploration permit 38.

Application for exploration permit 39.

Grant of exploration permit 40.

Obligations of exploration permit holder PART V ACCESS AGREEMENT AND BENEFITS SHARING 41.

Access agreement 42.

Benefitsharing 43.

Types of benefits 44.

Regulatory measures relating to access agreement 45.
Monitory of access agreements and research N.A.B.

8, 2016 • " Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of 2016 5 PART VI EXPRESSION OF FOLKLORE 46.

Protection of expressions of folklore 47.

Formalities and measures relating to protection of expressions of folklore 48.

Beneficiary of expressions of folklore 49.

Protection of expressions of folklore against unlawful acts 50.

Exceptions and limitations for protection of expressions of folklore 51.
Duration of protection of expressions of folklore 52.

Licensing agreements 53.

Benefit-sharing relating to expressions offolklore PART VII GENERAL ENFORCEMENT PROVISIONS 54.

Evidence of certain entries and documents 55.

Requests for information 56.

Proceedings before Registrar 57.

Registrar's powers in obtaining evidence 58.

Refusing to give evidence 59.

Rules of evidence or procedure 60.

Time and place of sitting 61.

Extension of time 62.

Registrar to act as soon as practicable 63.


Infringement of rights 64.

Appeals 65.

References to High Court 66.

Assessors to appear in High Court 67.

Responsibilities of traditional communities 68.

Responsibilities of customs offices 69.

Lodging and authentication of documents 70.

Expenses relating to administration 71.

General offences 72.

General penalty 73.

Regulations 74.

Transitional provisions SCHEDULE N.A.B.


8, 2016 \ o • Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.
of 2016 7 GOVERNMENT OF ZAMBIA A BILL ENTITLED An Act to provide for a transparent legal framework for the knowledge, of, access to, and use of, traditional resources development political protection genetic guarantees participation social, knowledge, of holders; and resources support and communities, knowledge, to confer and groups utilisation and equitable exploitation and traditional of folklore country exploitation and expressions informed or group; expressions consent and expressions sharing of benefits of folklore, which also equitable of holders; and genetic to promote to recognise the spiritual, economic value of and expressions resources the preservation, traditional of knowledge, and expressions the inalienable of folklore; rights individuals and groups over their genetic resources on traditional and expressions communities, rights and effective cultural, traditional of folklore wider application genetic protect recognise, of traditional traditional of folklore; individuals and sustainable to promote the conservation biodiversity; fair of the benefits derived from the knowledge, genetic to promote resources the use of resources and expressions and promote of the country's distribution of traditional of knowledge, for and mankind folklore; genetic the benefit of traditional in general; knowledge, takes of folklore of a traditional of traditional to prevent the granting communities, to ensure genetic the that resources place with the prior individual based community, of patents on N.A.B.
8, 2016 1/ \ 8 [No.
of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore genetic the prior folklore knowledge, without community; traditional of traditional the African Regional (ARIPO) Swakopmund Traditional Knowledge the World Trade Organisation Property Rights Agreement relevant Zambia incidental international is a State Party; resources and expressions informed consent individual Intellectual Protocol or group give effect Property Organisation on the Protection and Expressions of Folklore of a to of 2010, Trade-Related (TRIPS), Intellectual 1994 and any other to which for matters treaty or convention and to provide to or connected with to the foregoing.
Enactment ENACTED by the Parliament of Zambia PART I PRELII'vHNARY PROVISIONS Short title 1.

This Act may be cited as the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act, 5 2016, and shall come into operation on such date as the Minister may, by statutory instrument, appoint.

Interpretation 2.
Interpretation 2.

In this Act, unless the context otherwise requires- " access" means the collection, acquisition, transfer or use oftraditional knowledge genetic resources and expressions offolklore; 10 " access agreement" means an agreement to obtain access as specified in sections forty-one; " access permit " means a permit granted by the Agency to access genetic resources in accordance with section thirty- 15 three; " access permit holder" means a person holding an access permit; Act No.
15 of2010 " Agency" means the Patents and Companies Registration Agency established Companies Registration Agency Act; in accordance with the Patents and 20 " appropriate institution having " means responsibility for, or such public or statutory officer or body having powers under any other law over, the regulation, collection, use, compilation or dissemination of, traditional any Ministry 25 N.A.B.
8, 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.
of 2016 9 knowledge genetic resources and expressions of folklore and includes for expertise on a administering specific sector of traditional knowledge, genetic resources and expressions offolklore; a Government or having special agency technical responsible " ARIPO " means the African Regional Intellectual Property Organisation; "benefits" means the value, privileges, consideration, profit or gain derived from the use of traditional knowledge, genetic resources and expressions of folklore, as the case may be; " benefit sharing" means the equitable and just sharing of from the knowledge, genetic resources and or nonmonetary, benefits, whether monetary utilisation oftraditional expressions offolklore; "biodiversity " means the variability among living organisms from all sources complexes of which they are part and includes diversity within species, between species and of ecosystems; and the ecological of ecosystems "biological resource" includes genetic resources, organisms or parts ofthese, populations or any other biotic component of an ecosystem with actual or potential value for humanity; " Board " means the Board of the Agency constituted in accordance with the Patents and Companies Registration Agency Act; Act No.
15 0[2010 " court" means a court of competent jurisdiction; " customary laws and practices" means the customary laws, and practices of a traditional values, norms, protocols community; " derivative" means a product extracted or developed from a resin, resource and includes a plant variety, oil, natural gum, medicine, chemical and protein; "exploitation" means (a) where the traditional knowledge is a product- (i) manufacturing, importing, offering for sale, selling or using the product beyond the traditional context; N.A.B.
8, 2016 \ 10 I No.
of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore (ii) being in possession of the product for the purposes of offering it for sale, selling it or using it beyond the traditional context; or (b) where the traditional knowledge is a method or 5 process- (i) making use ofthe method or process beyond the traditional context; or (ii) carrying out the acts referred to under to a product result of the use of the paragraph (a) with respect that is a direct method or process; 10 " exploration" means an activity to find out the existence or the status of a given genetic resource; " exploration permit" means a permit granted by the Agency 15 in accordance with section thirty-nine; " exploration permit holder " means a person holding an exploration permit; " expressions of folklore" means any form, whether tangible in which traditional culture and knowledge is 20 or intangible, expressed, appears or manifests, and includes the following forms of expressions or combinations: (a) verbal expressions, including stories, epics, legends, poetry, riddles and other narratives, words, signs, names and symbols; (b) musical expressions, including songs and instrumental mUSIC; by movement (c) expressions movement, including dances, plays, artistic forms, rituals and other performances, whether or not form; reduced to a material incorporating or (d) tangible expressions, including productions of art, drawings, designs, paintings, bodypainting, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware,jewelry, baskets, needlework, textiles, glassware, carpets, costumes, handicraft:s, musical instruments and architectural forms; and 25 30 35 (e) any other output of creative intellectual activity characteristic and cumulative of a traditional N.A.B.
8, 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.
of 2016 11 cultural distinctive community's and traditional heritage developed and maintained by individuals or groups that traditional community, to do so in who have the right or responsibility accordance with customary laws and practices; identity " ex-situ" means a condition in which a genetic resource is found outside of its natural habitat or ecosystem; "fair competition" means any act of competition that is based on honest practices in industrial or commercial matters and includes various acts that do not mislead the public or cause confusion; " genetic resource" means any genetic material of a biological resource containing genetic information having actual or potential value for humanity and includes derivatives, fauna and flora ofterrestrial, aquatic and any other origin which may be used by the holderto obtain specific practical outputs in any field of human activity or derivative; " holder" means a traditional community, an individual or a group, irrespective of the pattern of ownership, and who is the owner of the traditional knowledge, genetic resource or expression of folklore in a traditional and intergenerational context who has a right over or to whom traditional a genetic resource or expression of folklore knowledge, belongs laws and in accordance with customary practices; to, form, which introduces " innovation" means a product derived from a traditional recorded or in method or process, whether documented, oral an aiteration, modification or improvement or any component of a biological resource or gene, enhanced use or value through the application of traditional knowledge; a change and includes " intergenerational " means being or occurring between or across generations; " in-situ" means a condition in which a genetic resource is 35 found in its natural habitat or ecosystem; " plant variety" includes cuitivar, clone, landrace, hybrid or strain; " practice" means a traditional method or process or way of doing things, with regards to traditional knowledge, genetic N.A.B.
8, 2016 12 [No.
of 2016 Resources and Expressions of Folklore Protection of Traditional Knowledge, Genetic resource or expressions of folklore; " prior informed consent" means the prior acceptance by a individual or group to use their traditional traditional knowledge, genetic resource or expression of folklore in accordance with this Act; community, 5 " protected area" means a geographic area that is protected in accordance with any other law; " Register" means the Register of Traditional Knowledge, Genetic Resources and Expressions of Folklore established and maintained includes the Register as maintained in electronic form; in accordance with section eleven and 10 Act No.
15 of 2010 " Registrar " means the person appointed as Registrar in accordance with the Patents and Companies Registration Agency Act, 2010; "sustainable use" means the use of components of biological diversity in a way and at a rate that does not lead to the there by maintaining its longterm decline of biodiversity, potential to meet the needs and aspirations of present and future generations; 15 " Swakopmund Protocol" means the ARIPO Protocol on the 20 Protection of Traditional Knowledge Folklore which came into force on the 9th August, 2010; and Expressions of "traditional community" means a human population living in a distinct geographical area in Zambia which is the creator or recognised, according to customary laws and practices, as the creator and custodian of a traditional knowledge, genetic resource or expression of folklore and the words shall be construed "community" accordingly; and "local community" learning, or through skills, processes context " means knowledge, practices, know- " traditional and methods which how, custom and culture was or is traditionally developed, sustained and passed on from generation to generation within a traditional community or by individuals and which forms part of a or groups cultural or spiritual community and includes agricultural, scientific, technical, ecological and medicinal knowledge and biodiversity-related in the community, knowledge; identity 25 30 35 "traditional to a specific knowledge" means any knowledge, not limited field technical or medical subject area, N.A.B.
8, 2016 \ Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.
of 2016 13 associated with genetic traditional community, of intellectual activity and insight and where the knowledge lifestyle of a traditional knowledge another; resources, originating from a individual or group that is the result in a traditional context is embodied in the traditional community in systems and passed on from one generation to or is codified " traditional knowledge systems " means community, the traditional including food security of a traditional knowledge the contributions made by such a community to the conservation of the environment, agriculture, progress and and technology, safeguarding of cultural heritage, development of artistic skills and enhancing and content diversity expressions of folklore and other artistic expressions; and sustainable in the health of populations, improvement preservation of cultural of science "traditional method or process" means discoveries, innovations, practices and technologies made or used by a traditional community, individual or group which are usually not recorded in written form or otherwise and transmitted orally from one generation to another; and " user" means any person or agent who obtains access.
3.

(1) Despite anything to the contrary, this Act shall not apply (a) the access, use and exchange of traditional knowledge, of folklore by an as the case genetic resources owner or among traditional may be; and and expressions communities, Extent of application and exemption 5 10 15 20 to- 25 (b) the sale of produce of biological resources for direct involve the use of genetic 30 consumption resources.
that do not (2) An appropriate authorisations, knowledge, in accordance with this Act, to exploit institution shall not be required to obtain traditional of folklore except the institution shall not transfer genetic resources or expressions 35 that a Ministry or an appropriate traditional knowledge, genetic resources or expression offolklore to a third person, commercially the traditional knowledge, genetic resource or expression of folklore unless the Agency so authorises.

exploit or export N.A.B.


8, 2016 14 I No.

of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Jiolklore Extent of protections, benefits and principles (3) Despite the other provisions of this Act, the use of traditional of folklore for shall be exempt genetic research and experimental purposes knowledge, educational, from the provisions of this Act.

or expressions resources 4.
(1) This Act protects- 5 (a) a holder against infringement rights in relation to traditional knowledge, genetic resources and expressions offolklore; of the holder's (b) traditional knowledge and expressions of folklore against misappropriation, misuse and unlawful exploitation; 10 (c) an equitable balance between the rights and interests of holders and users; 15 20 25 30 35 (d) genetic resources and exsitu found misappropriation and illegal exploitation; and insitu against (e) improper grant and exercise of intellectual property rights and knowledge, resources genetic in traditional expressions offolklore.
(2) A holder shall have the right to institute legal proceedings the against any person who acts contrary to subsection (1) without including all other rights, prior remedies and actions available to a holder as specified in this Act.
informed consent of the holder, (3) This Act shall not be construed as limiting or defining the diverse and holistic conceptions relating to traditional knowledge, of folklore in the traditional genetic resources context but shall be construed and enforced taking into account the dynamic and evolving nature of traditional knowledge, genetic resources and expressions of folklore.
and expressions (4) A holder shall enj oy the following benefits and may excise the following rights: (a) register transboundary of expressions Swakopmund Protocol; folklore traditional knowledge in accordance and with the (b) be able to record with the Agency their genetic resources; (c) be able to protect their intellectual property rights relating to traditional knowledge and expressions offolklore; (d) be able to license their traditional and expressions offolklore with ARIPO and obtain benefits arising from the commercial use of such knowledge and folklore; knowledge N.A.B.
8, 2016 \ , Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of2016 15 (e) be able to use the alternative dispute settlement procedures arising from traditional of folklore shared by at ARIPO to settle disputes and expressions knowledge different boundaries; and traditional communities across national 5 (f) give prior informed consent for use of information relating of folklore and expressions knowledge to traditional licenced with ARIPO.
(5) The following principles and concepts shall apply to, and 10 be a basis for, access and use of, traditional knowledge, genetic resources and expressions of folklore: 15 20 25 (a) recognition of the social, cultural, spiritual, economic, intellectual, scientific, ecological, agricultural, medical, technological, commercial and educational value of, and traditional respect knowledge, of folklore; for, traditional knowledge systems, and expressions resources genetic (b) to the actual by needs responsiveness empowering them to exercise due control over their traditional knowledge, genetic resources and expressions offolklore; of holders (c) repression of misappropriation of traditional knowledge and other unfair and inequitable uses; (d) protection and promotion of tradition based creativity and innovation and the transfer of technology to the mutual benefit of society, holders and users; (e) support of traditional knowledge systems; (f) promotion of benefit sharing; (g) promotion of the use of traditional knowledge for a bottom 30 up approach to development; (h) prior informed consent; (i) fair competition; (j) use of the patent system to protect knowledge, folklore; genetic resources innovation in traditional of and expressions 35 (k) use of distinctive signs, marks, certification marks and geographical and including trade marks, collective indications; N.A.B.
8, 2016 16 [No.

of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore (l) recognition of customary laws and practices which define how traditional communities develop, hold and transmit of traditional knowledge, traditional knowledge, genetic resources and expressions offolklore.

including the custodianship 5 PART II ADMINISTRATION Patents Office and Registrar Cap.

400 5.

(1) The Agency is responsible for the administration of this Act.
(2) The Registrar shall exercise the powers and perform the 10 functions assigned to the Registrar by this Act.

Functions Registrar of 6.
Without prejudice to the generality of sectionfive and subject to the other provisions of this Act, the functions of the Registrar are to- 15 20 25 30 (a) raise awareness, educate, guide, monitor, register, enforce and perform other activities related to the protection of traditional knowledge, genetic resources and expressions offolklore; (b) collect, analyse and disseminate to holders and users information on access; (c) advise and assist holders in enforcing their rights; (d) where a dispute arises between a traditional traditional community and a community outside Zambia, regarding ownership or of resources, refer expressions the body for dispute resolution upon exhaustion oflocal of folklore, where applicable or an international to a regional knowledge, remedies; genetic (e) monitor and ensure that access is carried out in accordance with this Act; (f) prepare model access agreements and, where necessary, collect from users benefits on behalf of holders and other beneficiaries; and (g) maintain registers and publish journals as required under this Act.
N.A.B.

8, 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of 2016 17 7.

The Board shall appoint assistant registrars and such number of examiners and other officers as may be necessary for carrying to the control out the provisions of this Act and who shall, subject of the Registrar, have all the powers conferred by this Act on the Appointment of officers 5 Registrar.

investigation 8.
investigation 8.

An examination, in the validity of such accordance with this Act shall not warrant examination, investigation or act and no liability shall be incurred by any member of the Board, Registrar or any other officer of the or any act undertaken 10 Agency by reason of, or in connection with, any examination, investigation, act or other consequent proceeding.

9.
9.

The Agency may delegate its powers and duties appropriate and expedient institution where the Agency considers to do so for the better implementation to an it necessary of this Act.

15 10.

The seal of the Agency, kept in terms of the Patents and Companies Registration Agency Act, 2010, shall be used for the purposes of this Act and the impression made for such purposes shall be judicially noticed.

11.
11.

There shall be established and maintained, at the Agency, a and of Traditional Knowledge, Genetic Resources 20 Register Expressions of Folklore in which shall be entered- (a) particulars of access, permits, authorisation, licences or assignments granted for the exploitation of traditional knowledge, of resources folklore; and and expressions genetic Non- warranty and non liability Delegation of powers and duties of Agency Use of Agency seal Act No.
15 of 2010 Register of Traditional Knowledge, Genetic Resources and Expressions of Folklore (b) notices of all matters which are required by or under this Act to be entered in the register; and (c) such other matters as the Registrar considers appropriate.

12.

(1) Subject to this Act, the Register shall, on payment ofa prescribed fee, be open to inspection by the public during prescribed hours.
(2) The Register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered in it.

Inspection of Register and furnishing of information (3) Subject to this Act, the Registrar shall, on request of any person and on payment of the prescribed fee, furnish copies of any document lodged in, or any other particulars from, the Register.

N.A.B.

8, 2016 25 30 35 18 [No.


of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Industrial Property Journal Eligibility for protection of traditional knowledge Formalities and measures protecting tradi tional knowledge for 13.
(1) The Registrar shall arrange for the periodic publication of an Industrial Property Journal on traditional knowledge, genetic in resources accordance with this Act and any matter which the Registrar may consider desirable relating to such matters.

that are protected and expressions of folklore 5 (2) The Registrar may sell copies of the Industrial Property Journal at such price and in such manner as the Board may approve.

PART III TRADITIONAL KNOWLEDGE 14.
(1) Traditional knowledge shall be protected in accordance 10 with this Act if it fulfils the following conditions: (a) it is generated, preserved and transmitted in a traditional and intergenerational context; (b) it is distinctively associated with a traditional community, individual or group; (c) it is integral to the cultural identity of a traditional community that is recognised as holding the knowledge through a or collective and form of custodianship, formally cultural ownership or responsibility, whether or informally, by customary laws and practices.
guardianship 15.

(1) The protection of traditional knowledge shall not be as formality but shall subsist is or was created.
a result of registration automatically from the time the knowledge or any other (2) Notwithstanding subsection (1) and the existence of the Register, evidence the Agency may, in the interest oftransparency, and the preservation of traditional knowledge, and subject to relevant policies, and the needs and aspirations of holders, establish and maintain various registers or other records on traditional knowledge.
laws and procedures (3) The registers established, in accordance with subsection (2), may be associated with specific forms of protection and shall not comprise the status of undisclosed traditional knowledge orthe elements of their in relation to undisclosed interests of holders knowledge.

(4) Where a traditional community and a community outside Zambia share the same traditional knowledge, shall register the holder of the traditional know ledge in the Register and maintain relevant the Registrar records.
11 15 20 25 30 35 N.A.B.

8, 2016 \ Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of2016 19 (5) A registration effected, in accordance with this Act, shall have a declaratory function and shall not involve or require the recording or public disclosure of the traditional documentation, knowledge but such registration may serve as evidence in legal as to the identity and legal status of the traditional 5 proceedings knowledge as registered.
(1) The beneficiary of traditional knowledge shall be the 16. holder.

(2) A benefit derived by a traditional community shall be put to 10 the common benefit of the traditional community.

17.

A holder has the exclusive right to- (a) authorise the exploitation of the holder's traditional knowledge; and (b) prevent anyone from exploiting the holder's traditional knowledge without the holder's prior informed consent.
(1) A user of traditional knowledge shall obtain the prior from a holder or, where the holder so requires, informed consent from the Agency who shall act on behalf of the holder.

15 18.

Beneficiaries of traditional knowledge Rights of holder Exercise rights of (2) The Agency shall, in complying with subsection (1), act in 20 accordance with the traditional decisionmaking processes of the traditional community concerned.
and governance (3) Where the Agency collects any benefits, when acting on the from the behalf of a holder as specified in subsection (1), it shall transmit benefits to the holder together with any written document 25 user relating to the amount paid or other benefits granted.
(4) A contract evidencing prior informed consent shall be in including the the duration of the uses which have been for the writing and shall specify all details of the consent, concrete acts permitted, permitted, of the use and the conditions consent, such as equitable remuneration or benefit sharing.

the circumstances 30 (5) The Agency shall ensure the legality of a contract, specified in subsection (4), and generally provide the required assistance to aholder.
(6) The Agency shall approve a contract specified in subsection 35 (4).

(7) A contract which is not in writing and approved by the Agency is void.

N.A.B.

8, 2016 1/ 20 [No.

of2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore (8) Where a particular element of traditional knowledge is the Agency shall publicly requiring access so as to enable all holders to claimed to be owned by several holders, notify an applicant make their claims.
there community (9) Where is uncertainty as to which traditional traditional knowledge and from which prior informed consent is to be obtained, the matter shall be resolved in accordance with the customary laws and practices of the traditional communities is the holder of a particular or a dispute involved.

(10) For the purposes of subsection (1), the Agency may, on request by the holders or on its own volition, act as mediator in any matter specified in subsection (9).
(11) This section shall not affect a contract entered into before the coming into force of this Act.

Assignment and licensing 19.

(1) A holder shall have the rightto assign and may conclude an access agreement, except that traditional knowledge belonging to a traditional community may not be assigned.

(2) Any access, authorisation, in respect of traditional knowledge, with this Act, shall be in writing and if not so done is void.
assignment or licence granted that is protected in accordance (3) An access agreement, for the purpose of subsection (2), shall be approved by the Agency and if not so approved is void.

(4) The Agency shall keep a register of all authorisation, and assignments granted in accordance with this section.

licences Extent of benefit- sharing Acknowledg- ement of holder 20.
(1) The protection extended to a holder includes benefit sharing arising from the commercial or industrial use of the holder's traditional by an access agreement between the holder and user.

as determined knowledge (2) The Court may, in the absence of an access agreement, as specified in subsection (1), determine the extent of benefit sharing in accordance with section forty-two.
(3) The right to benefit sharing may include non-monetary benefits, such as contributions to community development depending on the material needs and cultural preferences expressed by the traditional community.

21.

A person who uses its traditional traditional context shall acknowledge the holder, indicate its source its origin and use the traditional knowledge in and, where possible, a manner that respects the cultural values of the holder.

knowledge beyond N.A.B.


8, 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of 2016 21 of traditional The protection 22. prejudicial within the traditional transmission of the traditional knowledge by its holder.

shall not be to the continued availability of the traditional knowledge for the practice, exchange, use and knowledge context 5 23.
(1) Where traditional knowledge, which is protected in accordance with this Act, is not being sufficiently exploited by the refuses holder or where the holder to the Minister may, in terms and conditions, reasonable commercial the interest of public security or public health, grant a compulsory to grant access subject 10 licence to fulfill a national need.

(2) The Minister shall compensation where a compulsory accordance with subsection (1).
fix an appropriate of licence has been granted in amount shall be protected for as long as the 24.

Traditional knowledge referred to in section fulfils 15 knowledge fourteen, belongs knowledge except in accordance exclusively to an individual, with this Act, the following exploitation by the individual of the traditional knowledge beyond the protection given, years the protection that where criteria traditional for twenty-five shall last 20 its traditional context.

25.
25.

Any authorisation or licence given in accordance with this in accordance Part to access traditional knowledge that is protected, with this Act, shall not imply an authorisation to access the genetic resources derived from is associated with genetic resources that 25 that traditional knowledge.

PART IV GENETIC RESOURCES 26.

The ownership of genetic resources vests in, and shall be held by, the President on behalf of the Zambian people.

30 27.
30 27.

Subject to this Act, a traditional community has the following rights over its genetic resources: (a) the exclusive right to regulate access to its genetic resources; (b) an inalienable right to use its genetic resources; Exceptions and limitations applicable to protection of traditional knowledge Compulsory licence Duration of protection of traditional knowledge Access to traditional knowledge associated with genetic resources Ownership ofgenetic resources Rights of traditional community N.A.B.
8, 2016 1/ 22 [No.

of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Assigrunents, licenses, authorisation and access of genetic resources Right to regulate access to genetic resources (c) the exclusive right to share the benefits arising from the utilisation of its genetic resources; and (d) the right to assign and conclude access agreements.

28.
28.

(1) Any access, authorisation, assignment or licence granted in respect of genetic resources shall be in writing and if not so done is void.

5 (2) An access agreement, for purposes of subsection 0), shall be approved by the Agency and if not so approved is void.

(3) The Agency shall keep a register of all access agreements, authorisations, assignments and licences granted in accordance with subsection (1).

29.
(1) The rights of a traditional community to regulate access to its genetic resources shall include the following: (a) the exclusive right to give prior informed consent for access to its genetic resources; (b) the right to refuse consent when it believes that the intended to the integrity of its cultural access shall be detrimental or natural heritage; (c) the right to withdraw or place restriction on any prior to its genetic is likely to be detrimental life or natural or cultural heritage; consent informed resources where the consent to its socioeconomic and given for access (d) the right to demand the restriction or withdrawal of any prior informed consent given by the Agency for access to its genetic resources where it is found that the prior to its is likely to be informed socioeconomic life or natural or cultural heritage.
detrimental consent Right to use (2) The Minister may, by statutory instrument, prescribe the conditions and procedures under which prior informed consent for access to genetic resources may be given.

30.

(1) A traditional community has an inalienable right to use or exchange with other traditional communities its genetic resources for sustaining its livelihood systems in accordance with customary laws and practices.
(2) A legal restriction shall not be placed on the traditional community for the use and exchange of systems of a traditional genetic resources, except where the holder refuses to grant a licence on reasonable commercial terms and conditions.

N.A.B.

8, 2016 1/ 10 15 20 25 30 35 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.
of 2016 23 (3) Where a genetic resource is not being sufficiently exploited refuses to grant a licence subject to terms and conditions the Minister may, in by the holder or the holder reasonable commercial the interest of public security or public health, grant a compulsory licence to fulfill a national need.

5 (4) Where a compulsory in accordance with subsection (3), the Minister shall fix an appropriate amount of compensation in the absence of an access agreement between the parties.
has been granted, licence 10 31.

(l) The rights of a traditional community over its genetic shall be protected in accordance with this Act.

resources Protection of community rights the presence conservation (2) The publication or oral description of a given genetic resource, in a gene bank or other resource of the genetic centre or the fact that it is in use shall not affect the of the genetic resource or the rights of a traditional 15 protection community over the genetic resource.

20 25 30 35 32.
20 25 30 35 32.

(1) Without prejudice to section three, a person shall not informed consent of the is given and the person is in access genetic concerned traditional possession of an access permit.

unless prior community resources Conditions to access and export of genetic resources (2) A traditional community may enter into an access agreement with a user.

(3) Subject to this Act, the granting of an access permit shall not be construed knowledge associated with genetic resources.
to constitute a permit to access traditional (4) A traditional community shall obtain a fair and equitable share from benefits arising from the utilisation of its genetic resources.

(5) A permit holder shall, when collecting genetic resources, by an authorised person from the Agency or an be accompanied appropriate institution designated by the Agency.
(6) Except with the approval of the Agency, research based on a genetic resource, accessed in accordance with this Part, shall be carried out in Zambia with the participation of Zambian citizens designated by the Agency.

the undertaking of research (7) Where the Agency approves on genetic resources outside Zambia, the institution sponsoring or hosting the research shall give a letter of assurance to the Agency agreeing to comply with the obligations, terms and conditions imposed by the Agency.

N.A.B.
N.A.B.

8, 2016 \ 24 [No.

of 2016 Resources and Expressions of Folklore Protection of Traditional Knowledge, Genetic (8) Without prejudice to section three, a person shall not export genetic resources unless that person is in possession of an export permit granted by an appropriate institution.

Application and grant of access permit Grounds for denial of access to genetic resources Special access permit and multilateral treaties 33.

(1) Subject the prescribed manner and form, access genetic resources.
to section thirty-four, a person may apply, in to to the Agency for a permit (2) The Agency shall, in consultation with the appropriate institution, examine the application in accordance with the terms, conditions and procedures specified in regulations issued under this Act.

5 10 (3) The Agency shall grant an access permit to an application is satisfied that the application meets the requirements of this ifit Act.

34.
The Agency may deny access refuse to grant an access permit to genetic resources to the applicant where the- and 15 (a) access requested is in relation to the genetic resource of an endangered species; (b) access may have adverse effects on human health or the cultural, economic or spiritual values of the traditional community; (e) access may cause environment; an undesirable impact on the (d) access may cause a danger to, or loss of, ecosystems; (e) applicant intends to use genetic resources for purposes contrary to law, morality or any treaty to which Zambia is a State Party; (f) traditional community denies consent; or (g) applicant has violated the conditions of access or an access agreement.
35.

(1) Despite sectionforty-one, the Minister may, without following the procedure provided for in this Act and on such terms, conditions as the Minister may impose, grant a to a Zambian individual or higher institution special access permit and academic research.

of learning for purposes of development and obligations (2) Access to genetic resources under a multilateral treaty to which Zambia is a State Party shall be made in accordance with the terms, by statutory instrument.
and procedures conditions prescribed 20 25 30 35 N.A.B.

8, 2016 \ Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of 2016 25 36.
An access permit holder shall have the following obligations: (a) to deposit a copy of the access permit with the relevant institution in the district where the genetic appropriate resource is to be collected and show the access permit on request; (b) not to deplete planting stock or wild species or remove from the local gene pool significant genetic varieties during collection; (c) where the genetic resource is to be collected from a Obligations of access permit holder protected governing the protected area; area, to observe the rules and regulations (d) to deposit, with the Agency or an appropriate institution that has been designated by the Agency, a sample of the genetic resource collected, any data collected and a description that has been accessed; of the genetic resource (e) to observe the type and quantitative limits of the genetic resource permitted to be accessed; (j) to submit to the Agency or appropriate institution designated regular status reports of the research is to be collected to do or cause to be done an environmental impact assessment on the effects by the Agency, and, where the genetic repeatedly, and socioeconomic of the access and submit a report on these; resource (g) to inform, in writing, the Agency, or the appropriate institution designated by the Agency, of the findings of based on the genetic the research and development that has been resource accessed; or traditional knowledge 30 35 (h) not to transfer the genetic that has been accessed to any other resource or the traditional third knowledge party or use the same for any purpose other than the purpose originally intended without first notifying and obtaining the written authorisation ofthe Agency; (i) to return any unused genetic resource to the traditional community at the end of the research or development or upon termination of the access agreement; N.A.B.
8, 2016 \ 26 [No.
of 2016 Resources and Expressions of Folklore Protection of Traditional Knowledge, Genetic (j) not to transfer to a third party the access permit or the for access without obtaining the rights and obligations prior written appropriate conditions of the access agreement; consent of the Agency institution and to observe the terms and relevant or (k) where the person seeks to acquire intellectual property rights over the genetic resource or part of the genetic resource that has been accessed, negotiate a new access agreement with the traditional community, except where this was included in the initial access agreement; (I) recognise the locality where the genetic or traditional in an application for protection of the product developed from the genetic resource; knowledge has been accessed resource (m) share the benefits derived from the utilisation of the genetic resource that has been accessed with the traditional community; and (n) respect the customary laws and practices of the traditional community and any written laws relating to sanitary control, biosafety, plants and seeds and protection of the environment.
37.

Without prejudice to section four, a person shall not explore of a valid genetic resources unless the person is in possession exploration permit granted by the Agency.

38.

(1) A person may apply for an exploration permit by in the prescribed form and manner, with the lodging an application, Agency.
(2) An application for an exploration permit shall specify the- (a) purpose of the exploration; (b) the types of genetic resources to be explored; 30 (c) the locality where the exploration is to be conducted; and (d) the time schedule for the exploration.

39.

(1) The Agency shall, on receipt of an application, lodged in accordance with section thirty-eight, in consultation with the relevant appropriate institution and the holder, grant an exploration permit to the applicant.
35 Exploration permit Application for exploration permit Grant of exploration permit (2) An exploration permit shall specify the- N.A.B.

8, 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.

of 2016 27 (a) types of genetic resources to be explored; (b) locality where the exploration shall take place; (c) time schedule for the exploration; and (d) the terms and conditions which the Agency considers necessary to impose in relation to the exploration.
(3) Where the Agency grants an exploration permit, an officer assign institution accompany the team or individual undertaking the exploration.

an appropriate or designate it shall to 40.
An exploration permit holder has the following obligations: (a) to deposit a copy of the exploration permit with the relevant appropriate institution in the district where the exploration is to be undertaken; (b) to strictly observe the terms and conditions specified in Obligations of exploration permit holder the exploration permit; (c) to present, on completion of the exploration, to the Agency, or an appropriate institution designated by the Agency, a detailed report and plan of the exploration undertaken; (d) to show, on request by an appropriate institution or person having an interest in the property in which the exploration is being undertaken, the exploration permit; (e) to respect local customs, in the locality where the exploration traditions, values and property is being rights undertaken; and (j) to observe and comply with the Laws of Zambia.
PART V ACCESS AGREEMENTS AND BENEFIT SHARING 41.

(1) Access to traditional knowledge and genetic resources shall, subject to the other provisions of this Act, be effected by way of an access agreement between the holder and permit holder.
Access agreement (2) An access agreement shall contain the- (a) identity of the parties to the agreement; (b) type and quantitative description of the genetic resource permitted to be accessed; 35 (c) description of the traditional knowledge permitted to be accessed or associated with the genetic resource to be accessed; N.A.B.

8, 2016 28 [No.
of 2016 Resources and Expressions of Folklore Protection of Traditional Knowledge, Genetic (d) locality where the genetic resource is to be collected or the person providing the genetic resource; (e) institution with which the sample ofthe genetic resource or the description of traditional knowledge that has been accessed is to be deposited; 5 (f) intended use of the traditional knowledge or genetic resource; (g) relationship between the access agreement and existing on the same genetic agreements access or future resource or traditional knowledge; 10 (h) relevant is to institution designated by the Agency that participate in the collection of the genetic resource and monitor the implementation of the access agreement; (i) benefits the traditional community is to obtain from the use of the traditional knowledge or genetic resource; 15 (;) duration of the access agreement; (k) dispute settlement mechanisms; and (I) obligations and privileges the access permit holder shall have under the access agreement.
Benefit sharing (3) An access agreement may provide research on genetic resources to be undertaken with any person, institution or the Agency.

for collaborative 42. to be shared by a holder in the (1) The nature and amount benefits derived from the exploitation or traditional knowledge shall be as provided in section twenty or may be determined on a case by case basis.
of genetic resources (2) The non-monetary benefits to be derived by a holder from the exploitation of genetic resources or traditional knowledge shall be specified in an access agreement the nature of benefits, by a traditional the benefits except community from the utilisation of a genetic resource or traditional knowledge shall be put to the common benefit of the traditional community.

taking into account derived that Types of benefits 43.
The benefits to be derived by a holder from the exploitation of genetic resources or traditional knowledge shall include any or a combination of the following: .

(a) the license fee; (b) upfront payment; N.A.B.

8, 2016 20 25 30 35 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.
of 2016 29 (c) milestone payment; (d) royalty; (e) research and development funding; (j) joint ownership of intellectual property; 5 (g) employment opportunity; (h) participation of Zambian or appropriate institution designated by the Agency in the research, and development based on the genetic resource or traditional knowledge; the Agency nationals, 10 (i) priority to supply raw materials of the genetic resource required for the production of products derived from the genetic resource; (;) access to products and technologies derived or developed from the genetic resource or traditional knowledge; 15 (k) training, both at institutional and traditional community levels, to enhance local skills in genetic resources or traditional knowledge, and their conservation, evaluation, development, propagation and use; (I) provision of equipment, infrastructure or technological 20 support; or (m) any other benefits as may be appropriate in relation to the genetic resource or traditional knowledge.
44.

(1) The Agency may, in consultation with the appropriate institution, alter an access agreement and limit the size of the genetic 25 resource to be accessed or put any other limitation, as appropriate, where it is recognised that access shall result in genetic erosion, degradation ofthe environment or violation of the cultural values of a traditional community or any other circumstances which cannot be easily averted.
Regulatory measures relating to access agreement 30 35 (2) shall, The Agency with the relevant appropriate institution and the holder, suspend or terminate an access agreement and prohibit access to the traditional knowledge or genetic resource, where- in consultation (a) an access permit holder has violated or fails to comply with any provision of this Act or the terms and conditions of an access agreement; (b) access causes risk or damage to genetic resources, the environment; or (c) affects the public interest.
N.A.B.

8, 2016 30 r No.

of 2016 Resources and Expressions of Folklore Protection of Traditional Knowledge, Genetic Monitoring of access agreements and research (3) Where the Agency decides to alter, suspend or terminate in accordance with subsection (2), it shall its decision to the holder and access permit holder.

an access agreement, communicate 45.
(1) The Agency or an appropriate institution designated by the execution of all access agreements the Agency shall monitor through the following mechanisms: 5 (a) inspections; (b) periodic progress and status reports by access permit holders; (c) regular reports by any person or individual interested in 10 the preservation, resources, and or use of genetic traditional knowledge and the environment; conservation (d) any other mechanisms considered by the Agency or an appropriate institution.
(2) An access permit holder, institution or individual taking part in the collection of, and research based on, genetic resources and monitoring the implementation of an access agreement shall submit periodic reports to the Agency or an appropriate institution designated by the Agency on the collection the progress of the research and the findings relating to the research.
111eAgency shall inform the holder of the progress of the of the genetic shared from the research or (3) research, resources accessed and the benefits the utilisation ofthe genetic resources.
from the search or utilisation findings 15 20 25 PART VI EXPRESSIONS OF FOLKLORE Protection of expressions of folklore 46. folklore, The following protections irrespective of the mode or form of expression: shall apply to expressions of 30 (a) the output of creative and cumulative intellectual activity such as collective creativity or individual creativity where the identity of the individual is unknown; and (b) characteristics ofa traditional community's cultural identity heritage which has been developed, in accordance and traditional maintained with customary laws and practices.
or used by the community 35 N.A.B.

8, 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [No.

of 2016 31 47.

(1) The protection of expressions of folklore shall not be as a result of registration or any other formality but shall subsist from the time the expression of folklore is, or was, automatically created.
5 (2) Despite subsection (1), the Agency may, for purposes of take measures for the protection of expressions offolklore evidence, that may require certain categories of expressions that have been notified to the Agency, particularly those with special cultural or spiritual value or significance or that are sacred in character.
Formalities and measures relating to protection of expressions of folklore 10 15 20 (3) A notification to the Agency, made in accordance with subsection (2), shall have a declaratory function and shall not in itself constitute a right or require the documentation, recording or public disclosure of the expression offolklore.
(4) Where a traditional from the Registrar the holder of the expression of folklore within the outside Zambia share the same expression of folklore, shall register Republic and maintain a record of such holding in the Register.

community and a community 48.


The beneficiary traditional community- of an expression of folklore shall be the (a) to whom the custody and protection of the expression of folklore is entrusted in accordance with customary laws and practices; and (b) who maintains and uses the expression of folklore as a characteristic of its traditional cultural heritage.

25 49.

(1) An expression of folklore shall be protected against misappropriation, misuse and unlawful exploitation.
(2) Despite the generality of subsection (1), the following acts informed consent of the except with the prior are prohibited, traditional community: Beneficiary of expressions offolklore Protection of expressions offolklore against unlawful acts 30 (a) in respect of expressions of folklore other than words, signs, names and symbols (i) 35 adaptation, publication, public performance, the reproduction, communi- broadcasting, rental, making available to cation, distribution, the public and fixation of the expression of folklore or any derivative of the expression of folklore; N.A.B.
8,.2016 32 (No.
of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore (ii) any use of the expression offolklore or adaptation of the expression of folklore which does not acknowledge, the traditional as the source of the expression of folklore or any derivative of the expression of folklore; in an appropriate manner, community (iii) any distortion, mutilation or other modification of, or other derogatory action in relation to, the expression of folklore; and (iv) the acquisition or exercise of intellectual property rights or the expression adaptations to the expression of folklore; folklore over of (b) in respect of words, signs, names and symbols, any use of the expression of folklore, derivative of the expression or exercise of intellectual of folklore or acquisition property or derivative which disparages, offends or falsely suggests a connection with a traditional community or brings a traditional community into contempt or disrepute.
the expression rights over of folklore 5 10 15 (3) The following acts are prohibited in relation to the use and 20 exploitation of expressions of folklore: (a) any distortion, mutilation or other modification of, or other derogatory action in relation to, an expression offolklore; (b) false, confusing or misleading indications or allegations in relation to goods or services, which, upon or evoke the expression of folklore of a traditional community or suggests any endorsement by, or linkage with, that community; and refer to, draw 25 (c) use or exploitation for gainful intent without equitable remuneration or benefit sharing on terms determined and agreed with the traditional community or, in default, as determined by the Agency in consultation with the traditional community.
Exceptions and limitations for protection of expressions offolklore 50.

(1) The protection of expressions of folklore shall- (a) be such as not to restrict or hinder the normal development, use, exchange, of dissemination expressions of folklore, within the traditional context, by members ofthe traditional community as determined by customary laws and practices; and transmission N.A.B.

8, 2016 30 35 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.
of 2016 33 (b) extend only to uses of expressions offolklore taking place for context, whether or not the traditional outside commercial exploitation; and (c) be subject review, reporting of current events, to exceptions which relate to noncommercial research, personal or private uses, such as education, legal use, criticism, proceedings, the making of recordings and reproductions for inclusion in an archive or inventory exclusively for the purposes of safeguarding cultural heritage and other incidental uses.
(2) The uses of expression offolklore (1) shall be compatible with fair competition acknowledgment expression community.

referred to in subsection and practice, ofthe traditional community as the source ofthe to the traditional and not be offensive of folklore 51.

An expression of folklore shall be protected against all acts of misappropriation, misuse or exploitation for as long as the expression of folklore fulfills the protection criteria set out in section forty-six.

52.
52.

(1) A holder of an expression of folklore shall have the right to conclude a licensing agreement.

Duration of protection expressions offolklore of Licensing agreements (2) An authorisation, assignment or licence granted in respect of an expression of folklore shall be granted in accordance with a licensing agreement or is void, except that an expression offolklore belonging to a traditional community may not be assigned.
(3) A licensing of subsection (2), shall be approved by the Agency or the agreement is void.

drawn up for the purpose agreement, (4) Despite subsections (1), (2) and (3), the Agency may grant 30 authorisation to exploit expressions offolklore.
(5) Where the Agency grants an authorisation in accordance with subsection (4) (a) the authorisation shall comply with the scope of protection in of folklore and shall for the expression provided particular provide for benefit sharing; 35 (b) any uncertainty community possible, practices; or dispute with which a traditional is concerned, shall be resolved, as far as laws and in accordance with customary and N.A.B.

8, 2016 1/ \ 34 [No.


of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore (c) any monetary or nonmonetary benefits arising from the shall be transferred, by use of the expression offolklore the Agency, directly to the traditional community.

(6) The Agency shall keep a register of all licencing agreements approved by the Agency in accordance with this section.

5 Benefitsharing relating to expressions folklore of 53.
(1) The owner of an expression offolklore shall be entitled to the sharing of benefits arising from the commercial or industrial use of the expression offolklore as determined by mutual agreement between the owner and the user.

(2) The court may, in the absence of a mutual agreement, as 10 specified in subsection (1), determine the benefitsharing.
(3) The right to benefitsharing may extend to nonmonitory benefits such as contributions to community development, depending on the material needs and cultural preferences expressed by a traditional community.

PART VII GENERAL ENFORCEMENT PROVISIONS Evidence of certain entries and documents Requests information for Proceedings before Registrar 54.
(1) A certificate purporting to be signed by the Registrar is authorised by or and certifying that an entry, which the Registrar under this Act to make, has or has not been made, or that any other thing which the Registrar is so authorised to do, has or has not been done, shall be prima facie evidence of the matters so certified.
(2) A copy of any entry in the Register or any other register maintained in accordance with this Act or any document or an extract from the Register or any such register or document, certified by the Registrar shall be admitted in evidence without further proof and without production ofthe original.

55.
55.

Subject to this Act, the Registrar shall, on the request of any person and on payment of the prescribed fee, furnish copies of any document which is open to public inspection and which is lodged in the register or any other register, maintained in accordance with this Act, or furnish a certificate in respect of the document.

56.

(1) The Registrar has the power to hold proceedings for purposes of the determination of a dispute under this Act.
15 20 25 30 (2) Subject to this Act, evidence in any proceedings before the Registrar shall be given by affidavit, except that the Registrar may, if the Registrar considers it appropriate in any particular case, take 35 N.A.B.

8, 2016 r/ \ Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.
of 2016 35 oral evidence on oath in lieu of, or in addition to, the evidence given by affidavit and may allow a witness to be cross-examined on the affidavit or oral evidence.

In all proceedings before the Registrar, the Registrar has to award to any party such costs as the Registrar may reasonable and to direct how and by what party they are (3) power consider to be paid.
(4) Where there is no agreement as to costs, the costs shall be taxed by the High Court and payment may be enforced in the same manner as if they were costs allowed by the High Court.

57.
57.

The powers, of the Registrar in rights and privileges proceedings before the Registrar under this Act shall be the same as those conferred upon commissioners by the Inquiries Act and the provisions of that Act shall, with the necessary modification, apply in relation to the hearing and determination of any matter before the Registrar under this Act and to any person summoned to give evidence or giving evidence before the Registrar.

58.
58.

Except where there is reasonable cause to do so, any person appearing before the Registrar who refuses to be sworn or to make an affirmation or refuses to answer any question lawfully required to be answered or fails to produce any document or thing that is required to be produced, commits an offence.

59.
59.

The Registrar shall not, in the discharge of any function or exercise of any power, be bound by the rules of evidence or by in rules of procedure of any court and may conduct proceedings such manner as the Registrar considers appropriate and admit any evidence, written or oral, whether or not such evidence would be admissible in civil or criminal proceedings.

60.

The Registrar may fix the time and place proceedings held before the Registrar may take place.
at which act that If, due to circumstances beyond the control of a person, a 61. to be done within a relevant prescribed the time is not or cannot be done within that Registrar may, on application by the person, extend the time for doing the act.

is required, by this Act, time, .

b Resistrar's powers ill obtaining evidence Cap.

41 Refusing to give evidence Rules of evidence or procedure Time and place of sitting Extension of time 62.
Where the Registrar is required, as provided in this Act, to do any act or thing and no time or period is provided within which the act or thing is to be done, the Registrar is to do the act or thing as soon as practicable.

Registrar to act as soon as practicable N.A.B.

8, 2016 \ 36 [No.
8, 2016 \ 36 [No.

of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Infringement of rights Appeals References to High Court Assessors to appear High Court in Responsibilities of tradi tional communities Responsibilities of customs offices 63.

Any action or proceeding relating to the infringement of a right provided for in this Act shall be brought before the High Court.
(1) Where a person is not satisfied with the decision of the the decision to the High the person may appeal against 64.

Registrar, Court.

(2) Subject to this Act, an appeal against a decision of the Registrar shall be brought within three months after the date of the receipt of the decision or within such further time as the High Court may allow.

that 65.
that 65.

When any matter, is to be decided by the Registrar, appears to involve a complex point of law, the Registrar may, after giving notice to the parties, refer the matter to the High Court for shall act in accordance with the determination decision ofthe High Court.

and the Registrar 66.

In any proceeding before the High Court, the court may call assessors who are experts in intellectual property or the relevant field.

67.
A traditional community shall- (a) prohibit any person who does not belong to the traditional community from using its traditional knowledge, genetic resources of folklore beyond their traditional context without prior informed consent; and expressions (b) prohibit any person who does not belong to the traditional accessing, from its locality community collecting or taking genetic resources without prior informed consent; and from exploring, exploiting, (c) require any person who does not belong to the traditional community and who is accessing genetic resources from its locality to produce an access permit and, where the person fails to do so, inform the Agency or any other appropriate institution immediately.
68.

A customs officer shall- (a) inspect and verify that a genetic resource being exported by an export permit granted by an is accompanied appropriate institution; (b) require any person who is leaving the country and who is transporting or is in possession of genetic resources, to produce the necessary permits issued by the Agency or appropriate institution; N.A.B.

8, 2016 \ Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.
of 2016 37 (c) seize any genetic resource that a person intends to export the and the without an export permit and immediately to the nearest appropriate matter Agency; institution report 5 (d) seize any material incorporating traditional knowledge, resources genetic person intends to export without granted by the Agency or appropriate institution; and that a the necessary permits or expressions of folklore 10 15 20 25 (e) ensure that a statement is written on the package of a resource product, biological indicating the use of the genetic material contained in the product.
is being exported, that or 69.

(1) Any application, in accordance with this Act, to be lodged, made or given required, at the Agency, to the Registrar or to any other officer may be delivered by hand or sent by registered post or lodged electronically.

notice or document authorised (2) An authentication shall not be required in respect of any document lodged at the Agency.

70.

All monies and implementation of this Act shall be paid out of monies appropriated for the purpose by Parliament.
administration necessary the for 71.
Any person who- (a) provides false information in an access or exploration application or in the course ofthe monitoring of an access permit, or exploration permit; agreement, agreement licensing access Lodging and authentication of documents Expenses relating to administration General offences (b) changes the purpose of access specified in an access agreement without obtaining the approval of the Agency or appropriate institution; 30 (c) accesses genetic resources or traditional knowledge without obtaining an access permit; (d) explores genetic resources without obtaining an exploration permit; 35 (e) does not belong to the traditional community but uses or or knowledge, exploits expressions of folklore beyond their traditional context without prior informed consent; genetic resources traditional (f) makes or causes to be made a false entry in a register or the Register, or any document purporting it to be a copy N.A.B.
8, 2016 38 [No.
of 2016 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore of an entry in the register or Register or produces or tenders or causes to be produced or tendered in evidence any such document, knowing the entry or document to be false; (g) alters or defaces or partly removes, erases or obliterates 5 any document issued by the Registrar; (h) makes or submits a false statement or representation, to the Registrar or Agency whether orally or in writing, knowing the same to be false; (i) having innocently made a false statement or representation, whether orally or in writing, for the purpose of procuring or influencing the doing or omission of anything in relation such to this Act and who on becoming statement or representation was false, fails to advise forthwith of such falsity; the Registrar aware that 10 15 (j) after having been sworn, willfully gives false evidence before the Registrar knowing such evidence to be false or not knowing or believing it to be true; (k) aids, abets, counsels or procures the commission of an offence or is in any way directly or indirectly a party to 20 the commission of an offence; or (I) otherwise breaches any other provision of this Act; commits an offence and shall be liable, upon conviction, not exceeding one million penalty units or to imprisonment term not exceeding ten years, or to both.
to a fine for a 25 72.

A person who contravenes any provision of this Act where no specific penalty has been provided shall be liable, on conviction, to a fine not exceeding four hundred thousand penalty units or to imprisonment for a term not exceeding four years, or to both.

73.

(1) The Minister may, by statutory instrument, make regulations prescribing anything which is required to be prescribed and generally for the better carrying out of, or giving effect to, the purposes of this Act.
(2) Without derogating from the generality of subsection (I), regulations made by the Minister may provide for- (a) administrative requirements or any necessary details for 30 35 General penalty Regulations the implementation international State Party; of this Act and any relevant treaty or convention to which Zambia is a N.A.B.

8, 2016 \ Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.
of 2016 39 (b) procedures for applications for any permit or licence required under this Act; (c) forms to be used for purposes of this Act; (d) fees to be charged for purposes of this Act; 5 (e) benefit sharing; (f) development, improvement or the use of new types of genetic resources; and (g) preventive mechanisms genetic knowledge, folklore.

10 aimed at protecting traditional of resources and expressions 74.

The transitional provisions set out in the Schedule shall apply for purposes of this Act.
Transitional provisions N.A.B.

8, 2016 40 [No.

of 2016 Resources and Expressions of Folklore Protection of Traditional Knowledge, Genetic SCHEDULE (Section seventy-five) TRANSITIONAL PROVISIONS Previous access Previous exploitation and dissemination of traditional knowledge Previous use of expressions of folklore 1.

(1) Any Access the ofthis Act shall be revised and harmonised with agreement made prior to commencement this Act.
(2) Any access authorised prior of this Act shall be suspended and the process for access as provided in this Act shall be followed.

to the commencement 2.

Any exploitation and dissemination oftraditional knowledge being undertaken prior to the commencement of this Act shall, subject to equitable treatment of the rights and interests acquired by third parties through prior use in good faith, be continued under this Act and shall, within six months of the commencement of this Act, comply with this Act.
of this Act shall, subject 3.

Any use of expressions of folklore that existed prior to the commencement to equitable treatment of the rights and interests acquired by third parties through prior use in good faith, be continued and shall, within six months of the of this Act, comply with this Act.

commencement N.A.B.

8, 2016 1/